Fisk v. State
Nebraska Supreme Court
Error to the district court of Saline county. Indictment against John Fisk, containing three counts and charging him in substance : 1. Rape on Maud A. Fancy, a woman. 2. Rape on Maud A. Fancy, a female child. 3. Assault with intent to commit a rape on Maud A. Fancy, a female child.
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Error to the district court of Saline county. Indictment against John Fisk, containing three counts and charging him in substance : 1. Rape on Maud A. Fancy, a woman. 2. Rape on Maud A. Fancy, a female child. 3. Assault with intent to commit a rape on Maud A. Fancy, a female child. Motion to quash the indictment overruled; trial had before "Weaver, J., and a jury,at April Term, a.d. 1879; verdict of not guilty on first and second counts, and guilty on third count; motion in arrest of judgment and for a new trial overruled, and prisoner sentenced to two years imprisonment in the penitentiary.…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff in error was convicted in the district court of Saline county of an assault with intent to commit a rape, and was sentenced to imprisonment in the penitentiary for the period of two years. The count of the indictment upon which he was convicted is as follows:
“ Third Count — And the grand jurors aforesaid, upon their oaths aforesaid, in the name and by the authority of the state of Nebraska, do further present, that John Fisk — or about the first day of November, a.d. 1878, in and upon one Maud A. Fancy, then and there being, unlawfully, violently, and feloniously…
2Cases cited3 opinions
- State v. LeeSupreme Court of Minnesota · 1876
- Seymour v. StreetNebraska Supreme Court · 1876
- Matthewson v. BurrNebraska Supreme Court · 1877
3Cited by7 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- Mathews v. StateNebraska Supreme Court · 1886
- Cascio v. StateNebraska Supreme Court · 1947
- Sovereign Camp of the Woodmen of the World v. HrubyNebraska Supreme Court · 1903
- Klawitter v. StateNebraska Supreme Court · 1906
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